On 23 January 2018 the Home Office published a new Statement of Changes (HC309) to the Immigration Rules. One of the notable changes was the introduction of an accelerated Tier 1 Exceptional Talent settlement. As of 23 January 2018, applicants can apply for Tier 1 Exceptional Talent settlement (indefinite leave to remain) after 3 years (depending on their endorsement criteria). Prior to these changes Applicants had to spend a minimum of 5 years on this visa route. The Tier 1 Exceptional Talent visa route is designed for highly skilled individuals who have been recognised as someone with exceptional talent or exceptional promise by a designated competent body. There are 5 recognised designated bodies.
Introduction of accelerated Tier 1 Exceptional Talent Settlement
If you were granted a Tier 1 Exceptional Talent or Tier 1 Exceptional Promise endorsement prior to the Statement of Changes being published on 23 January 2018 you would have been eligible to apply for settlement once you had completed 5 years of continuous leave under this category.
However, as of 23 January 2018 Applicants with an endorsement from a Designated Competent Body under the Tier 1 Exceptional Talent route can apply for accelerated Tier 1 Exceptional Talent Settlement after 3 years. Applicants granted leave under the Tier 1 Exceptional Promise must still wait 5 years before they can apply for settlement. Applicants often get the two types of criteria (Talent and Promise) confused and need assistance in finding out what type of leave they was granted. It is important to note that a biometric residence permit (BRP) does not confirm whether an Applicant was granted a Tier 1 Exceptional Talent or Tier 1 Exceptional promise visa. We can liaise with the endorsements team at the Home Office and find out what type of leave you were granted.
What are the requirements for accelerated Tier 1 Exceptional Talent Settlement?
In order to successfully apply for accelerated Tier 1 Exceptional Talent Settlement Applicants must ensure they meet the requirements listed under Paragraph 245BF of the Immigration Rules. They key requirements that must be satisfied are noted below:
- Applicants must not fall under the general grounds of refusal; and
- Applicants must be able to show that the Designated Competent Body that originally endorsed your stage 1 application has not withdrawn their endorsement; and
- Applicants must be able to show that they have earned money in the UK as a result of employment or self-employment in your their field of expertise; and
- Applicants cannot have excessive absences from the UK during their qualifying period. The current cap on absences is 180 days and anything beyond this figure will result in your application being refused. However, there may be limited circumstances in which you can ask the Home Office to exercise discretion and allow your applications if you exceed the 180 day limit; and
- Applicants must have sufficient knowledge of the English language and pass a life in the UK test. Applicants must pass an English speaking and listening qualification at a minimum level CEFR B1.
You can apply for settlement up to 28 days before you reach the end of the qualifying period. Your qualifying period will either be 3 or 5 years depending on your endorsement.
Using Legal Representation to submit a successful accelerated Tier 1 Exceptional Talent Settlement application
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an application to apply for a accelerated Tier 1 Exceptional Talent Settlement application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your accelerated Tier 1 Exceptional Talent Settlement application succeeds, our solicitors and barristers will ensure all specified documents must be provided.
The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successfully submit an accelerated Tier 1 Exceptional Talent Settlement application
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting an accelerated Tier 1 Exceptional Talent Settlement application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a accelerated Tier 1 Exceptional Talent Settlement application and ensure that you meet all the requirements of the relevant rules.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss an accelerated Tier 1 Exceptional Talent Settlement application.
Contact our London immigration solicitors on 02071830570 or complete our contact form.